Declaration of restrictions

This is a transcript of the originally filed declaration of restrictions. This does not supersede the official filed documents and is only here for informational purposes.

     Known by all men these presents that the undersigned are the owners of all lands comprising the subdivision known as Lake Florence Shores, as recorded in the public records of Lake County, Florida. The undersigned hereafter referred to as the "Declarants", hereby make the following Declaration of Restrictions (herein "Declaration") covering such subdivision, which shall run with the lands as encumbered, for the benefit of, and as a limitation on, all present and future owners of property in the subdivision during the life of these restrictions.

     Now, therefore, the following restrictions hereby are imposed on the lands described above;

1. No lot or structure thereon shall be used for any purpose other than single family residences.

2. Residences shall be of conventional, standard construction. No mobile homes, manufactured homes, log homes, dome homes, or underground homes shall be permitted. All two bedroom homes shall have a minimum of 1200 square feet of living area exclusive of garage or screened rooms. All homes with three or more bedrooms shall have a minimum of 1300 square feet of living area exclusive of garage or screened rooms. Each home shall contain at least a two car enclosed garage.

3. To achieve a uniform and harmonious atmosphere within the subdivision, the exterior of all homes shall be covered with stucco, brick, stone, or wood, with no exposed concrete blocks.

4. All driveways shall be of concrete construction, at least ten feet wide, with no more than a six inch drop from the edge of the driveway to the street right-of-way. No culverts shall be permitted in the subdivision. A driveway must completed before a certificate of occupancy will be issued for a home.

5. Garage and trash containers shall be kept in the rear yard of each home except on days designated for garbage and trash collections.

6. No obnoxious or offensive activities shall take place on any lot within the subdivision.

7. Each owner shall maintain his or her own lot in and neat and attractive condition. Lots shall be kept mowed and cleaned at all times. In the event that any lot is not so kept, the Association shall have the right to mow or clean the lot and bill the cost of mowing or cleanup to the lot owner. Bills shall be due and payable within 30 days of receipt by the lot owner and shall constitute a lien on the owner's property and may be collected as provided in paragraph 8. However, this section shall not be construed to impose any duty or obligation on the Association.

8. There is hereby established a Homeowner's Association which shall consist of one record owner of each lot within the subdivision. The association shall elect a president and secretary who shall serve for one-year terms. After ten purchasers have purchased lots in the subdivision, a new election will be held. Written notice of the purpose, date, time, and place of any meeting called for the purpose of taking any action shall be sent to all members not less than thirty days prior to such meeting. The Association shall be responsible for the maintenance of all common areas, including piers and entrance signs and may levy assessments for each lot's prorata share of the costs of such maintenance. Such assessment shall be approved by two-thirds of the membership, and shall constitute a lien on each lot, subordinate, however, to the lien of any first mortgage. The Association may bring an action at law against an owner who is delinquent in payment, or may foreclose the lien. In either event, the owner shall pay all costs of collection including attorney's fees and the costs and fees shall become a lien on the property.

9. Tract A (herein "common area") as shown on the subdivision plot, shall be used by lot owners for recreational purposes only, including picnicking, swimming, and fishing, subject to the following:

   (1)   No permanent buildings shall be erected on the common area.

   (2)   One pier may be constructed on the common area provided the necessary building permits are obtained from the appropriate government agencies. The pier shall be used for swimming and fishing only. There shall be no overnight parking or docking of boats or canoes at the pier.

   (3)   No boats, trailers, canoes, motor homes, or motor vehicles shall be parked or stored overnight on the common area.

   (4)   The common area shall not be used to launch boats from boat trailers. Small boats and canoes which are not transported on boat trailers may be launched from the common area.

   (5)   The Association shall maintain the common area in a neat and attractive condition and appearance at all times, including, but not limited to, mowing the grass and removing all trash and garbage from the premises.

10. The Town of Montverde ("Town"), a Florida municipal corporation, on behalf of the citizens of the municipality, is a beneficiary of the restrictions in paragraph 9 of this Declaration and it shall have the power to enforce compliance with these restrictions against the Association or any of the individual owners of lots in the subdivision, including, but not limited to, filing suits in law or equity against the Association or lot owners or enforcing compliance through the municipal code enforcement board. The Town shall be entitled to a reasonable attorney's fee if it is the prevailing party in any suit to enforce compliance.

11. The undersigned shall, at their expense, record this Declaration in the public records of Lake County, Florida.

12. In the event any term of provision of this Declaration is held to be invalid or unenforceable, the invalid or unenforceable term or provision shall be severed from the remaining restrictions, and the valid and enforceable term or provision shall continue in full force and effect as if enacted originally without the offending provision.